Doctrine of judicial precedent essay


doctrine of judicial precedent essay

branches of government have control of, and is thus beyond comparison the weakest of the three departments of power;.it can never attack with success. The Law-Making Process, (6th edn, Cambridge University Press, 2004). Caperton mentioned for Justice Brent Benjamin to recues himself (excuse himself) from the case. This power to review legislation that congress has passed and possibly deem it unconstitutional has had a profound impact on American society.

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Judicial Precedent is separated into the three Latin named sectors which define a judgement:- Stare Decisis, (the literal interpretation 'let the decision stand. This can benefit the system of common law because it supports the idea of fairness and it therefore provides certainty in the law and also show more content, these decisions follow over to the COA, and the decisions made here follow over to the Queens. Justice Benjamins participation would present a constitutionally unacceptable appearance of impropriety are the exact words. The ratio decendi also forms the basis of binding precedent. The courts are bound (within limits) by prior decisions of superior courts. Or put simply 'a reason for deciding a particular issue as established by a judge in a previous case'. The affect on national law directly affects the behavior of states. Advantages and Disadvantages of the Doctrine of Judicial Precedent m Accessed 27 April, 2014.


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